Opinions

Odom v. State 2018 ND 163
Docket No.: 20180089
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying petitioner's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Everett, Jr. 2018 ND 162
Docket No.: 20170367
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for gross sexual imposition, and order denying motion for a new trial summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Butts v. State 2018 ND 161
Docket No.: 20180002
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of N.F.F. (CONFIDENTIAL) (consolidated w/20180220 & 20180221) 2018 ND 160
Docket No.: 20180219
Filing Date: 7/11/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Adoption of B.A.T. (CONFIDENTIAL) 2018 ND 159
Docket No.: 20180137
Filing Date: 7/11/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating a father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

S&B Dickinson Apartments I, LLC, et al. v. Stark County Board of Commissioners 2018 ND 158
Docket No.: 20170428
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: For a court to have subject matter jurisdiction over an appeal, the appealing party must meet the statutory requirements for perfecting the appeal.
To properly appeal a board of county commissioners' decision relating to tax matters, a landowner must file a notice of appeal with the district court and serve the notice of appeal on a board member and the state tax commissioner within thirty days of the board's decision.

State v. Yost (consolidated w/20170359 & 20170360) 2018 ND 157
Docket No.: 20170358
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A district court does not abuse its discretion in denying a motion to withdraw guilty pleas where the defendant has not shown manifest injustice or upon finding the State would be substantially prejudiced by withdrawal.
A district court need not directly question a defendant about the factual basis for a guilty plea.
An ineffective assistance of counsel claim requires a defendant to establish counsel's representation fell below an objective standard of reasonableness and prejudice by counsel's deficient performance.
A district court may not amend judgments during the pendency of an appeal.

Agri Industries v. Franson, et al. (Consolidated w/20170412) 2018 ND 156
Docket No.: 20170319
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: A district court does not err by granting summary judgment to a mineral developer for damage to a water well when the property owner did not comply with N.D.C.C. § 38-11.1-06, which requires a certified water quality test before proceeding with an action.
A district court errs by granting a motion for prejudgment interest when the unobjected-to jury instruction on awarding interest became the law of the case.

State v. Cullett 2018 ND 155
Docket No.: 20170390
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court judgment entered after a jury found Cullett guilty of terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Chase v. State 2018 ND 154
Docket No.: 20180073
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).